Andrew Way (Gr.10)

 Definition: the punishment of death for a crime; death penalty  The Role of Punishment?  To punish the crime & to deter it from happening again  punishment [must be] proportionate to the gravity of the offense

 Old Testament  Leviticus 20:2-27, Exodus 21:  15 "'If a man lies with an animal, he shall surely be put to death; and you shall kill the animal.  10 "'The man who commits adultery with another man's wife, even he who commits adultery with his neighbour's wife, the adulterer and the adulteress shall surely be put to death.

 Conflict of Message?  Fifth Commandment: Thou Shall Not Murder – Thou Shall Not Kill  Considering all facts Killing an Innocent - Punish the wicked

 New Testament  emphasis on Forgiveness  Matthew 5:39 “if anyone slaps you on the right cheek, turn to him the other also”  Luke 6: 29 “to one who strikes you on the cheek, offer the other also”  John 8:7"Let him who is without sin among you be the first to throw a stone at her."

 Church’s stance  Old (pre Vatican II)  “The church defends the death penalty imposed for the punishment of grave crimes....[This] is based on the grounds of the common good.  [it] is lawful...because it will deter others from committing the same crime [and] is also a punishment” (John A. Hardon, S.J.)

State’s right to protect its citizens “The state is there to serve God for your benefit. If you break the law, however, you may well have fear; the bearing of the sword has its significance.” (Romans 3:4)  Punishment must fit the crime  Must be lawfully tried and found guilty according to the Law  “ No less than a surgeon may cut off one diseased limb to save the others, so the civil authority may lawfully put a criminal to death and thus provide a common good.” (John A. Hardon, S.J.)

 New  Pope John Paul II Encyclical “Evangelium vitae” 1995  "If bloodless means are sufficient to defend human lives against an aggressor and to protect public order and the safety of persons, public authority must limit itself to such means, because they better correspond to the concrete conditions of the common good and are more in conformity to the dignity of the human person"

 Catechism incorperated these positions  2266 & 2267  2266 The efforts of the state to curb the spread of behavior harmful to people's rights and to the basic rules of civil society correspond to the requirement of safeguarding the common good. Legitimate public authority has the right and duty to inflict punishment proportionate to the gravity of the offense. Punishment has the primary aim of redressing the disorder introduced by the offense. When it is willingly accepted by the guilty party, it assumes the value of expiation. Punishment then, in addition to defending public order and protecting people's safety, has a medicinal purpose: as far as possible, it must contribute to the correction of the guilty party. 67

 2267 Assuming that the guilty party's identity and responsibility have been fully determined, the traditional teaching of the Church does not exclude recourse to the death penalty, if this is the only possible way of effectively defending human lives against the unjust aggressor.  If, however, non-lethal means are sufficient to defend and protect people's safety from the aggressor, authority will limit itself to such means, as these are more in keeping with the concrete conditions of the common good and more in conformity to the dignity of the human person.  Today, in fact, as a consequence of the possibilities which the state has for effectively preventing crime, by rendering one who has committed an offense incapable of doing harm - without definitely taking away from him the possibility of redeeming himself - the cases in which the execution of the offender is an absolute necessity "are very rare, if not practically nonexistent." 68

 Two Principles involved  Protection of Human Life  Double Effect (lesser of two evils)

 Was it ok for Capital punishment to be used more widely in different historical contexts?  Is it hypocritical of the Church to weigh some parts of the Bible more than others?  Your Stance ?